NATIONAL HUMAN RIGHTS COMMISSION, INDIA h) Bonded Labour 27. Non-registration of FIR in the matter of the bonded labourer rescued by the SDM, Defence Colony and the police of PS Hazarat Nizamuddin (Case No. 5588/30/0/2017) i. The Commission received a complaint from one Akhil Koshy, Advocate, Justice Ventures India Trust, New Delhi, stating that on 09.02.2017, the bonded labourer, namely, Walter Kerketta, aged 45 years, was rescued by SDM, Defence Colony and a release certificate was issued on 11.05.2017 by the aforesaid SDM. It was alleged that despite directions of the SDM, the police of PS Hazrat Nizamuddin did not register a criminal case in the matter. It was further alleged that the victim were yet to get his past wages besides his rehabilitation to be undertaken by the State authorities. ii. The Commission on 21.07.2018 had considered the matter when it observed and directed as under: “The SDM has, though, conducted the proceedings in accordance with law but has failed to appreciate that he has to launch prosecution and conduct Summary trial in accordance with the provisions of the Bonded Labour System (Abolition) Act, 1976. He ought not to have directed the Police for registration of a case under the aforesaid Act since the Parliament has conferred upon him powers of holding summary trial under the Act. Nevertheless, he should have directed the local Police to register the case under the provisions of Indian Penal Code and violation of other laws for taking up investigation in the matter. He should have also directed the Labour Department to launch prosecution against the errant employer for violation of Labour laws and also for recovery of the past wages of the victim. On perusal of the papers placed in the file, it appears that the District Magistrate, Gumla, Jharkhand has yet not taken any steps for rehabilitation of the victim besides the Labour Commissioner, Government of Jharkhand, Ranchi. It also appears that the SDM is also not aware of the New Central Sector Scheme for Rehabilitation of Bonded Labourers in vogue where financial burden is now only on the Central Government. In these circumstances, let a notice be issued to the District Magistrate, South East District, Delhi; SDM, Defence Colony, New Delhi; Labour Commissioners of Govt. of NCT of Delhi, Government of Jharkhand, Ranchi, DCP (South East District), Delhi, SHO, Police Station Hazrat Nizamuddin, New Delhi calling upon them to submit their respective reports in the light of allegations made in the complaint and also in the light of aforesaid observations within a period of six weeks without fail.” iii. 66 In response to the Commission’s direction, the Addl. CP(Vigilance), vide his communication dated 27.8.2018 forwarded an enquiry report which revealed that South East District police conducted an enquiry in this regard, which revealed that a case vide FIR No.309/2017 dated 27.12.2017 u/s 16 of the Bonded Labour System (Abolition) Act 1976 P.S. Hazrat Nizamuddin had been registered and investigation of the case was taken up. Later on, the case was finalized as “cancelled” due to double jeopardy, as Additional District Magistrate ANNUAL REPORT 2018-19